- Latest available (Revised)
- Original (As enacted)
Pensions Act 1995,
SCHEDULE 4 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 126.
Extent Information
E1The amendment by this Act of an enactment which extends to Northern Ireland extends also to Northern Ireland see s. 178(1)(2)(3).
Textual Amendments
F1Sch. 4 heading substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 3
1E+W+SThe following rules apply for the purposes of the enactments relating to social security, that is, the following Acts and the instruments made, or having effect as if made, under them: the M1Social Security Contributions and Benefits Act 1992, the M2Social Security Administration Act 1992 [F2, the Pension Schemes Act 1993 (c. 48) [F3, the State Pension Credit Act 2002 [F4, Part 1 of the Welfare Reform Act 2007 and the Pensions Act 2014]]].
Textual Amendments
F2Words in Sch. 4 para. 1 substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 39; S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)
F3Words in Sch. 4 para. 1 substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 13; S.I. 2008/787, art. 2(4)(f)
F4Words in Sch. 4 para. 1 substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 30
Marginal Citations
A man [F5born before [F66th December 1953]] attains pensionable age when he attains the age of 65 years.
A woman born before 6th April 1950 attains pensionable age when she attains the age of 60.
A woman born on any day in a period mentioned in column 1 of [F7table 1] attains pensionable age at the commencement of the day shown against that period in column 2.
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Period within which woman’s birthday falls | (2) Day pensionable age attained |
---|---|
6th April 1950 to 5th May 1950 | 6th May 2010 |
6th May 1950 to 5th June 1950 | 6th July 2010 |
6th June 1950 to 5th July 1950 | 6th September 2010 |
6th July 1950 to 5th August 1950 | 6th November 2010 |
6th August 1950 to 5th September 1950 | 6th January 2011 |
6th September 1950 to 5th October 1950 | 6th March 2011 |
6th October 1950 to 5th November 1950 | 6th May 2011 |
6th November 1950 to 5th December 1950 | 6th July 2011 |
6th December 1950 to 5th January 1951 | 6th September 2011 |
6th January 1951 to 5th February 1951 | 6th November 2011 |
6th February 1951 to 5th March 1951 | 6th January 2012 |
6th March 1951 to 5th April 1951 | 6th March 2012 |
6th April 1951 to 5th May 1951 | 6th May 2012 |
6th May 1951 to 5th June 1951 | 6th July 2012 |
6th June 1951 to 5th July 1951 | 6th September 2012 |
6th July 1951 to 5th August 1951 | 6th November 2012 |
6th August 1951 to 5th September 1951 | 6th January 2013 |
6th September 1951 to 5th October 1951 | 6th March 2013 |
6th October 1951 to 5th November 1951 | 6th May 2013 |
6th November 1951 to 5th December 1951 | 6th July 2013 |
6th December 1951 to 5th January 1952 | 6th September 2013 |
6th January 1952 to 5th February 1952 | 6th November 2013 |
6th February 1952 to 5th March 1952 | 6th January 2014 |
6th March 1952 to 5th April 1952 | 6th March 2014 |
6th April 1952 to 5th May 1952 | 6th May 2014 |
6th May 1952 to 5th June 1952 | 6th July 2014 |
6th June 1952 to 5th July 1952 | 6th September 2014 |
6th July 1952 to 5th August 1952 | 6th November 2014 |
6th August 1952 to 5th September 1952 | 6th January 2015 |
6th September 1952 to 5th October 1952 | 6th March 2015 |
6th October 1952 to 5th November 1952 | 6th May 2015 |
6th November 1952 to 5th December 1952 | 6th July 2015 |
6th December 1952 to 5th January 1953 | 6th September 2015 |
6th January 1953 to 5th February 1953 | 6th November 2015 |
6th February 1953 to 5th March 1953 | 6th January 2016 |
6th March 1953 to 5th April 1953 | 6th March 2016 |
[F106th April 1953 to 5th May 1953 | 6th July 2016] |
[F106th May 1953 to 5th June 1953 | 6th November 2016] |
[F106th June 1953 to 5th July 1953 | 6th March 2017] |
[F106th July 1953 to 5th August 1953 | 6th July 2017] |
[F106th August 1953 to 5th September 1953 | 6th November 2017] |
[F106th September 1953 to 5th October 1953 | 6th March 2018] |
[F106th October 1953 to 5th November 1953 | 6th July 2018] |
[F106th November 1953 to 5th December 1953 | 6th November 2018] |
[F11A person born on any day in a period mentioned in column 1 of table 2 attains pensionable age at the commencement of the day shown against that period in column 2.
(1) | (2) |
---|---|
Period within which birthday falls | Day pensionable age attained |
6th December 1953 to 5th January 1954 | 6th March 2019 |
6th January 1954 to 5th February 1954 | 6th May 2019 |
6th February 1954 to 5th March 1954 | 6th July 2019 |
6th March 1954 to 5th April 1954 | 6th September 2019 |
6th April 1954 to 5th May 1954 | 6th November 2019 |
6th May 1954 to 5th June 1954 | 6th January 2020 |
6th June 1954 to 5th July 1954 | 6th March 2020 |
6th July 1954 to 5th August 1954 | 6th May 2020 |
6th August 1954 to 5th September 1954 | 6th July 2020 |
6th September 1954 to 5th October 1954 | 6th September 2020] |
A person born after [F135th October 1954] but before [F146th April 1960] attains pensionable age when the person attains the age of 66.
[F15A person born on any day in a period mentioned in column 1 of table 3 attains pensionable age when the person attains the age shown against that period in column 2.
(1) | (2) |
---|---|
Period within which birthday falls | Age pensionable age attained |
6th April 1960 to 5th May 1960 | 66 years and 1 month |
6th May 1960 to 5th June 1960 | 66 years and 2 months |
6th June 1960 to 5th July 1960 | 66 years and 3 months |
6th July 1960 to 5th August 1960 | 66 years and 4 months |
6th August 1960 to 5th September 1960 | 66 years and 5 months |
6th September 1960 to 5th October 1960 | 66 years and 6 months |
6th October 1960 to 5th November 1960 | 66 years and 7 months |
6th November 1960 to 5th December 1960 | 66 years and 8 months |
6th December 1960 to 5th January 1961 | 66 years and 9 months |
6th January 1961 to 5th February 1961 | 66 years and 10 months |
6th February 1961 to 5th March 1961 | 66 years and 11 months |
For the purposes of table 3—
a person born on 31st July 1960 is to be taken to attain the age of 66 years and 4 months at the commencement of 30th November 2026;
a person born on 31st December 1960 is to be taken to attain the age of 66 years and 9 months at the commencement of 30th September 2027;
a person born on 31st January 1961 is to be taken to attain the age of 66 years and 10 months at the commencement of 30th November 2027.]
A person born after [F165th March 1961] but before 6th April 1977 attains pensionable age when the person attains the age of 67.
A person born on any day in a period mentioned in column 1 of table 4 attains pensionable age at the commencement of the day shown against that period in column 2.
(1) | (2) |
---|---|
Period within which birthday falls | Day pensionable age attained |
6th April 1977 to 5th May 1977 | 6th May 2044 |
6th May 1977 to 5th June 1977 | 6th July 2044 |
6th June 1977 to 5th July 1977 | 6th September 2044 |
6th July 1977 to 5th August 1977 | 6th November 2044 |
6th August 1977 to 5th September 1977 | 6th January 2045 |
6th September 1977 to 5th October 1977 | 6th March 2045 |
6th October 1977 to 5th November 1977 | 6th May 2045 |
6th November 1977 to 5th December 1977 | 6th July 2045 |
6th December 1977 to 5th January 1978 | 6th September 2045 |
6th January 1978 to 5th February 1978 | 6th November 2045 |
6th February 1978 to 5th March 1978 | 6th January 2046 |
6th March 1978 to 5th April 1978 | 6th March 2046 |
A person born after 5th April 1978 attains pensionable age when the person attains the age of 68.]
Textual Amendments
F5Words in Sch. 4 para. 1 rule (1) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(2)
F6Words in Sch. 4 para. 1 rule (1) substituted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 1(2), 38(3)(a)
F7Words in Sch. 4 para. 1 rule (3) substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(3)
F8Sch. 4 para. 1 rule (4) omitted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(3), 38(3)(a)
F9Sch. 4 para. 1 table heading substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(5)
F10Sch. 4 para. 1 Table 1 entries substituted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(4), 38(3)(a)
F11Sch. 4 para. 1 rules (5)-(10) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(6)
F12Sch. 4 para. 1 Table 2 substituted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(5), 38(3)(a)
F13Words in Sch. 4 para. 1 rule (6) substituted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 1(6), 38(3)(a)
F14Words in Sch. 4 para. 1 rule (6) substituted (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(2), 56(3)(a)
F15Sch. 4 para. 1 rules (7)(7A) substituted for Sch. 4 para. 1 rule (7) and Table 3 (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(3), 56(3)(a)
F16Words in Sch. 4 para. 1 rule (8) substituted (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(4), 56(3)(a)
F172E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 4 para. 2 repealed (26.9.2007) by Pensions Act 2007 (c. 22), ss. 4(2), 27(3)(a), 30(3), Sch. 7 Pt. 2 (with s. 4(5)-(8))
3(1)For sections 49 and 50 of the M3Social Security Contributions and Benefits Act 1992 (Category B retirement pensions for women) there is substituted—E+W+S
(1)A person who—
(a)has attained pensionable age, and
(b)on attaining that age was a married person or marries after attaining that age,
shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the marriage (“the spouse”) if the following requirement is met.
(2)The requirement is that the spouse—
(a)has attained pensionable age and become entitled to a Category A retirement pension, and
(b)satisfies the conditions specified in Schedule 3, Part I, paragraph 5.
(3)During any period when the spouse is alive, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5.
(4)During any period after the spouse is dead, a Category B retirement pension payable by virtue of this section shall be payable at a weekly rate corresponding to—
(a)the weekly rate of the basic pension, plus
(b)half of the weekly rate of the additional pension,
determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modification in section 48C(4) below.
(5)A person’s Category B retirement pension payable by virtue of this section shall not be payable for any period falling before the day on which the spouse’s entitlement is to be regarded as beginning for that purpose by virtue of section 5(1)(k) of the Administration Act.
(1)A person (“the pensioner”) whose spouse died—
(a)while they were married, and
(b)after the pensioner attained pensionable age,
shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if the spouse satisfied the conditions specified in Schedule 3, Part I, paragraph 5.
(2)A Category B retirement pension payable by virtue of subsection (1) above shall be payable at a weekly rate corresponding to—
(a)the weekly rate of the basic pension, plus
(b)half of the weekly rate of the additional pension,
determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modifications in subsection (3) below and section 48C(4) below.
(3)Where the spouse died under pensionable age, references in the provisions of sections 44 to 45A above as applied by subsection (2) above to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse died.
(4)A person who has attained pensionable age (“the pensioner”) whose spouse died before the pensioner attained that age shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if—
(a)where the pensioner is a woman, the following condition is satisfied, and
(b)where the pensioner is a man, the following condition would have been satisfied on the assumption mentioned in subsection (7) below.
(5)The condition is that the pensioner—
(a)is entitled (or is treated by regulations as entitled) to a widow’s pension by virtue of section 38 above, and
(b)became entitled to that pension in consequence of the spouse’s death.
(6)A Category B retirement pension payable by virtue of subsection (4) above shall be payable—
(a)where the pensioner is a woman, at the same weekly rate as her widow’s pension, and
(b)where the pensioner is a man, at the same weekly rate as that of the pension to which he would have been entitled by virtue of section 38 above on the assumption mentioned in subsection (7) below.
(7)The assumption referred to in subsections (4) and (6) above is that a man is entitled to a pension by virtue of section 38 above on the same terms and conditions, and at the same rate, as a woman.
(1)Subject to the provisions of this Act, a person’s entitlement to a Category B retirement pension shall begin on the day on which the conditions of entitlement become satisfied and shall continue for life.
(2)In any case where—
(a)a person would, apart from section 43(1) above, be entitled both to a Category A and to a Category B retirement pension, and
(b)section 47(1) above would apply for the increase of the Category A retirement pension,
section 47(1) above shall be taken as applying also for the increase of the Category B retirement pension, subject to reduction or extinguishment of the increase by the application of section 47(2) above or section 46(5) of the Pensions Act.
(3)In the case of a pensioner whose spouse died on or before 5th April 2000, sections 48A(4)(b) and 48B(2)(b) above shall have effect with the omission of the words “half of”.
(4)In the application of the provisions of sections 44 to 45A above by virtue of sections 48A(4) or 48B(2) above, references in those provisions to the pensioner shall be taken as references to the spouse”.
F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 4 para. 3(2)(3) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 73
Marginal Citations
4(1)In paragraph 5 of Schedule 3 to the M4Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to retirement pension), in sub-paragraph (7)(a) (condition that contributor must have paid or been credited with contributions of the relevant class for not less than the requisite number of years modified in the case of those precluded from regular employment by responsibilities at home), “ (or at least 20 of them, if that is less than half) ” is omitted.E+W+S
(2)This paragraph shall have effect in relation to any person attaining pensionable age on or after 6th April 2010.
5E+W+SIn section 46(2) of the M5Social Security Contributions and Benefits Act 1992 (benefits calculated by reference to Category A retirement pension), for the words following “45(4)(b) above-” there is substituted— “”N ”=
(a)the number of tax years which begin after 5th April 1978 and end before the date when the entitlement to the additional pension commences, or
(b)the number of tax years in the period—
(i)beginning with the tax year in which the deceased spouse (“S”) attained the age of 16 or if later 1978-79, and
(ii)ending immediately before the tax year in which S would have attained pensionable age if S had not died earlier,
whichever is the smaller number”.
6(1)In section 54(1) of the Social Security Contributions and Benefits Act 1992 (election to defer right to pension), in paragraph (a), the words from “but” to “70” are omitted.E+W+S
(2)In Schedule 5 to that Act—
(a)in paragraph 2(2), the definition of “period of enhancement” (and the preceding “and”) are omitted, and
(b)for “period of enhancement” (in every other place in paragraphs 2 and 3 where it appears) there is substituted “ period of deferment ”.
(3)In paragraph 2(3) of that Schedule, for “1/7th per cent.” there is substituted “ 1/5th per cent. ”
(4)In paragraph 8 of that Schedule, sub-paragraphs (1) and (2) are omitted.
[F19(5)The preceding sub-paragraphs shall come into force as follows—
(a)sub-paragraphs (1) and (4) shall come into force on 6th April 2005;
(b)sub-paragraphs (2) and (3) shall have effect in relation to incremental periods (within the meaning of Schedule 5 to the Social Security Contributions and Benefits Act 1992 (c. 4)) beginning on or after that date.]
Textual Amendments
F19Sch. 4 para. 6(5) substituted (18.11.2004) by Pensions Act 2004 (c. 35), ss. 297(3), 322(2)(c)(ii)
7E+W+SIn section 62(1) of the M6Social Security Contributions and Benefits Act 1992 (graduated retirement benefit continued in force by regulations)—
(a)in paragraph (a), for “replacing section 36(4) of the National Insurance Act 1965” there is substituted “ amending section 36(2) of the National Insurance Act 1965 (value of unit of graduated contributions) so that the value is the same for women as it is for men and for replacing section 36(4) of that Act ”, and
(b)at the end of paragraph (b) there is added “ and for that section (except subsection (5)) so to apply as it applies to women and their late husbands ”.
8E+W+SIn section 149(4) of that Act (Christmas bonus: supplementary), for “70 in the case of a man or 65 in the case of a woman” there is substituted “ 65 ”.
9E+W+SIn section 50 of the M7London Regional Transport Act 1984 (travel concessions), for subsection (7)(a) there is substituted—
“(a)persons who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)”.
Marginal Citations
10E+W+SIn section 93 of the M8Transport Act 1985 (travel concessions), for subsection (7)(a) there is substituted—
“(a)persons who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)”.
Marginal Citations
11E+W+SIn section 73B(2)(b)(ii) of the M9Housing (Scotland) Act 1987 (rent loan scheme), for “of the Social Security Act 1975” there is substituted “ given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995) ”.
Marginal Citations
12E+W+SIn the M10Income and Corporation Taxes Act 1988—
(a)in section 187(2) (interpretation), the definition of “pensionable age” is omitted,
(b)in the words following paragraph (d) of paragraph 2 of Schedule 10 (retention of shares in connection with profit sharing schemes), for “to pensionable age” there is substituted “ in the case of a man, to the age of 65, and in the case of a woman, to the age of 60 ”.
(c)in sub-paragraph (2) of paragraph 3A of that Schedule, for “pensionable age” there is substituted—
“(a)in the case of a man, 65, and
(b)in the case of a woman, 60.”, and
(d)in sub-paragraph (4) of that paragraph, for “pensionable age” there is substituted “ in the case of a man, 65, and in the case of a woman, 60. ”
13E+W+SIn the M11Social Security Contributions and Benefits Act 1992—
(a)in section 122(1) (interpretation of Parts I to VI), for the definition of “pensionable age” there is substituted—
““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”, and
(b)in section 150(2) (interpretation of Part X), for the definition of “pensionable age” there is substituted—
““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.
14E+W+SIn section 191 of the M12Social Security Administration Act 1992 (interpretation), for the definition of “pensionable age” there is substituted—
““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.
15E+W+SIn section 58 of the M13Trade Union and Labour Relations (Consolidation) Act 1992 (exemption from requirement for election), in subsection (3)(b), for the words following “pensionable age” there is substituted “ (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995) ”.
Marginal Citations
16E+W+SFor section 49 of the M14Pension Schemes Act 1993 (married women and widows), including the cross heading preceding it, there is substituted—
The Secretary of State may make regulations modifying, in such manner as he thinks proper—
(a)this Chapter in its application to women born on or after 6th April 1950, and
(b)sections 41, 42, 46(1), 47(2) and (5) and 48, in their application to women who are or have been married”.
Marginal Citations
17E+W+SIn section 181(1) of that Act (interpretation), for the definition of “pensionable age” there is substituted—
““pensionable age”—
(a)so far as any provisions (other than sections 46 to 48) relate to guaranteed minimum pensions, means the age of 65 in the case of a man and the age of 60 in the case of a woman, and
(b)in any other case, has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.
F2018E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 4 para. 18 repealed (26.9.2007) by Pensions Act 2007 (c. 22), s. 27(3)(a), Sch. 7 Pt. 2 (with s. 4(5))
F2119E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21Sch. 4 para. 19 repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(3)(a)(4)(b), Sch. 7 Pt. 2 (with s. 4(5))
F2220E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 4 para. 20 repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(3)(a)(4)(b), Sch. 7 Pt. 2 (with s. 4(5))
21(1)In section 20(1)(f) of the M15Social Security Contributions and Benefits Act 1992 (general description of benefits), for sub-paragraph (ii) there is substituted—E+W+S
“(ii)Category B, payable to a person by virtue of the contributions of a spouse (with increase for child dependants)”.
(2)In section 25(6) of that Act, in paragraph (b), for “(for married women) under section 53(2)” there is substituted “ (for married people) under section 51A(2) ”.
(3)In section 30B of that Act (incapacity benefit), in paragraph (a) of the proviso to subsection (3), for “(for married women) under section 53(2)” there is substituted “ (for married people) under section 51A(2) ”.
(4)In section 41(5)(a) of that Act (long-term incapacity benefit for widowers), for “section 51 below” there is substituted “ the contributions of his wife ”.
(5)In section 46(2) of that Act (calculation of additional pension in certain benefits), for “50(3)” there is substituted “ 48A(4) or 48B(2) ”.
(6)After section 51 of that Act there is inserted—
(1)This section has effect where, apart from section 43(1) above, a married person would be entitled both—
(a)to a Category A retirement pension, and
(b)to a Category B retirement pension by virtue of the contributions of the other party to the marriage.
(2)If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the weekly rate specified in Schedule 4, Part I, paragraph 5, that basic pension shall be increased by the lesser of—
(a)the amount of the shortfall, or
(b)the amount of the weekly rate of the Category B retirement pension.
(3)This section does not apply in any case where both parties to the marriage attained pensionable age before 6th April 1979”, and section 53 of that Act (special provision for married women) is omitted.
(7)In section 52 of that Act (special provision for surviving spouses), for subsection (1)(b) there is substituted—
“(b)to a Category B retirement pension by virtue of the contributions of a spouse who has died”.
F23(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In section 60 of that Act (complete or partial failure to satisfy contribution conditions)—
(a)in subsection (2), for “him” (in paragraph (b)) there is substituted “ the employed earner ” and for “his widow’s entitlement” there is substituted “ the entitlement of the employed earner’s widow or widower ”, and
(b)for subsection (3)(d) there is substituted—
“(d)a Category B retirement pension payable by virtue of section 48B above”.
F24(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)In Schedule 4 to that Act (rates of benefit, etc.), in paragraph 5 of Part I, for “section 50(1)(a)(i)” there is substituted “ section 48A(3) ”.
(12)In Schedule 5 to that Act (increased pension where entitlement deferred), in paragraph 2(5)(a), for “5 or 6” there is substituted “ 5, 5A or 6 ”.
F25(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15)For paragraphs 5 and 6 of that Schedule there is substituted—
“5(1)Where—
(a)a widow or widower (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to the other party to the marriage (call that person “S”) when S died, and
(b)S either—
(i)was entitled to a guaranteed minimum pension with an increase under section 15(1) of the Pensions Act, or
(ii)would have been so entitled if S had retired on the date of S’s death,
the rate of W’s pension shall be increased by the following amount.
(2)The amount is—
(a)where W is a widow, an amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be), and
(b)where W is a widower, an amount equal to the sum of the amounts set out in paragraph 6(2), (3) or (4) below (as the case may be).
5A(1)This paragraph applies where W (referred to in paragraph 5 above) is a widow.
(2)Where the husband dies before 6th April 2000, the amounts referred to in paragraph 5(2)(a) above are the following—
(a)an amount equal to one-half of the increase mentioned in paragraph 5(1)(b) above,
(b)the appropriate amount, and
(c)an amount equal to any increase to which the husband had been entitled under paragraph 5 above.
(3)Where the husband dies after 5th April 2000, the amounts referred to in paragraph 5(2)(a) above are the following—
(a)one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and
(b)one-half of any increase to which the husband had been entitled under paragraph 5 above.
6(1)This paragraph applies where W (referred to in paragraph 5 above) is a widower.
(2)Where the wife dies before 6th April 1989, the amounts referred to in paragraph 5(2)(b) above are the following—
(a)an amount equal to the increase mentioned in paragraph 5(1)(b) above,
(b)the appropriate amount, and
(c)an amount equal to any increase to which the wife had been entitled under paragraph 5 above.
(3)Where the wife dies after 5th April 1989 but before 6th April 2000, the amounts referred to in paragraph 5(2)(b) above are the following—
(a)the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
(b)one-half of that increase, so far as attributable to employment after 5th April 1988,
(c)the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act, and
(d)any increase to which the wife had been entitled under paragraph 5 above.
(4)Where the wife dies after 5th April 2000, the amounts referred to in paragraph 5(2)(b) above are the following—
(a)one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
(b)one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and
(c)one-half of any increase to which the wife had been entitled under paragraph 5 above”.
(16)Paragraph 5(1) of that Schedule (inserted by sub-paragraph (15) above) shall have effect, where W is a man who attained pensionable age before 6th April 2010, as if paragraph (a) also required him to have been over pensionable age when S died.
(17)In paragraph 7 of that Schedule—
(a)in sub-paragraph (1), for “paragraphs 5 and 6” there is substituted “ paragraphs 5 to 6 ”, and
(b)in sub-paragraph (2), for “paragraph 5 or 6” there is substituted “ paragraph 5, 5A or 6 ”.
F27(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Sch. 4 para. 21(8) repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(4)(a), Sch. 7 Pt. 1
F24Sch. 4 para. 21(10) repealed (26.9.2007) by Pensions Act 2007 (c. 22), s. 27(3)(a), Sch. 7 Pt. 2 (with s. 4(5))
F25Sch. 4 para. 21(13) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/275, art. 2(7), Sch. Pt. 7
F26Sch. 4 para. 21(14) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(4), Sch. 13
F27Sch. 4 para. 21(18) repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(4)(a), Sch. 7 Pt. 1
Marginal Citations
22U.K.In section 46 of the M16Pension Schemes Act 1993 (effect of entitlement to guaranteed minimum pension on payment of benefits), in subsection (6)(b)(iii), for “section 49” there is substituted “ section 48A or 48B ”.
Marginal Citations
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